Advanced Legal Research – Class Summary Day 2

Flashcards covering Federal and Arkansas Administrative Law, Treaty Research, and Legal Research Methodology from the May 12, 2026 lecture.

Agency

A section of the Executive Branch, most often created by the Legislative Branch, whose purpose is to enforce or implement legislation.

Enabling Statute

A law that creates an agency, identifies its scope of authority, articulates its purpose and goals, and grants it the power to implement the statute.

Transformation and Efficiencies Act of 2019 (Act 910)

An act that reorganized the Arkansas state government into fifteen agencies.

Rulemaking

The power of an agency to promulgate rules, acting in a capacity similar to a legislature.

Adjudication

The power of an agency to decide disputes, prosecute, and award benefits, acting in a capacity similar to a court.

Regulation

Primary authority promulgated by an agency acting in its rulemaking capacity that must conform to the enabling statute.

Administrative Procedure Act (APA)

The federal act (5 U.S.C. §§ 551–706) that governs notice and comment rulemaking, which is the most common type of informal rulemaking.

Federal Register (FR)

A publication where proposed and final federal regulations, as well as Executive Orders signed by the President, are published.

Code of Federal Regulations (C.F.R.)

A topical arrangement of 50 titles containing federal regulations currently in force; Title 3 specifically contains Executive Orders.

e-CFR (ecfr.gov)

The most current version of the Code of Federal Regulations, though it is not official.

Arkansas Administrative Procedure Act (APA)

The act found at Ark. Code Ann. § 25-15-201 et seq. which governs mostly all Arkansas state government authorities including boards, commissions, and departments.

Rule (Arkansas)

An agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy according to Ark. Code Ann. § 25-15-202(9)(A).

Arkansas Constitutional Amendment 35

The amendment that created the Arkansas Game & Fish Commission.

The Arkansas Register

A publication by the Secretary of State containing copies of proposed rules, financial impact statements, and notices of adoption, amendment, or repeal.

Arkansas Constitutional Amendment 92

A 2014 amendment providing for legislative review of administrative rules by the Legislative Council before they take effect.

Act 517 of 2019

An act requiring that a state agency's rulemaking authority be narrowly interpreted and limited to what is absolutely necessary to fulfill statutory duty.

Arkansas Attorney General Advisory Opinions

Non-binding legal opinions issued to the Governor, General Assembly members, or state boards; legal counsel is provided via the State Agencies Department under Ark. Code Ann. § 25-15-215.

Public International Law

Law that governs national governments and intergovernmental organizations (IGOs).

Intergovernmental Organizations (IGOs)

Entities created by treaty involving two or more nations, such as the UN or EU, which possess international legal status.

International Custom

One of the most important sources of international law consisting of consistent conduct of nations accepted as law.

Treaty

A formal, written agreement between countries governed by international law; under U.S. Constitution Article VI, they are part of the supreme law of the land.

Bilateral vs. Multilateral Treaties

Bilateral treaties are between two states, while multilateral treaties are among multiple states.

Ratification

The formal confirmation or approval of a treaty.

Reservation

A state's qualification on how a specific treaty applies to it.

Executive Agreements

Agreements negotiated by the executive branch that have a similar effect to a treaty but do not require 2/3 majority Senate approval.

Travaux préparatoires

Preparatory works used as a step in interpreting the provisions of multilateral treaties.

TIAS

Treaties and Other International Acts Series, an authoritative source for treaty texts.

Reporter's Questions

A tool used in legal research to analyze facts by asking: Who?, What?, Where?, When?, and Why?.

Secondary Authority

Resources such as treatises, hornbooks, and legal encyclopedias used to reframe issues and refine search terms.

Validation Tools

Resources such as KeyCite (Westlaw) and Shepard's (Lexis) used to ensure primary authority is still good law.